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When can false witnesses be executed for their lies? The shiur analyzes when a person becomes bar chiyuv (liable for execution) and shows that if lying witnesses testify on the same case, they undermine the bar chiyuv status. This is because lying witnesses would likely contradict earlier true witnesses through hakasha, making the entire testimony invalid.
This shiur tackles a fundamental difficulty in the Gemara (גמרא) regarding edim zomimim (conspiring witnesses) and the concept of bar chiyuv. The central issue is understanding when a person becomes liable for execution and how this affects the punishment of false witnesses. Rabbi Zweig begins by analyzing the dispute between Rashi (רש"י) and Tosafos (תוספות) regarding bar chiyuv. According to Rashi, a person is not bar chiyuv when witnesses have not yet come forward. Tosafos adds that even if witnesses exist, the person is only bar chiyuv when it's likely the beis din will carry out the verdict. This leads to the principle that the entire concept depends on whether there's a perversion of the judicial process (kashrus zman).
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Makkos 5a
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
